Minutes 07-27-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 27, 1994 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Present - 5- Councilmembers Blakey, Guerin, Harris, Megard, Rettman
Absent - 2- Councilmembers Thune (excused), Grimm (arrived immediately following roll call
and approval of consent agenda)
Council Vice President Rettman called the meeting to order at 3:30 p.m.
CONSENT AGENDA
Councilmember Harris requested that item 2 be removed.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Roll Call Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
FOR ACTION
1. Approval of minutes of June 1 and June 8, 1994, City Council meetings.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
2. (discussed later in the meeting)
3. Summons and Complaint in the matter of Leona Ambrose vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Mary E. Lappegaard and Marcella Lappegaard
Fairbanks vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
5. Summons in Application for Registration of Land in the matter of the Joint Cross-
Application of The Travelers Insurance Company and Carlson Companies, Inc. to register
title to real estate situated in Ramsey County.
Referred to the City Attorney's Office
6. Mechanic's Lien Statement re: Fabcon, Incorporated/Regent Aviation Phase II Hangar
Expansion, St. Paul Downtown Airport.
Referred to the City Attorney's Office
July 27, 1994 City Council Summary Minutes Page 2
7. Petition of the Trillium Corporation for the vacation of the alleys in Block 70 and 75,
Dawson's Earl Street Addition to St. Paul bounded by Frank Street, Case Avenue and the
Burlington-Northern Railroad, and setting date of public hearing for August 17, 1994. (File
#11-1994)
8. Letters from the Division of Public Health declaring 1061 Desoto Street and 692 Fourth
Street East nuisance properties. (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
9. Letter from the Office of the City Attorney announcing date of hearing before an
Administrative Law Judge on August 4-5, 1994, concerning application for a General Repair
Garage License by Louis Bacigalupo, dba The Car Connection, 817 Vandalia Street.
10. Letter from the Office of the City Attorney announcing date of hearing before an
Administrative Law Judge on August 18, 1994, concerning adverse action against licenses
held by Anoura Khamassi, dba Your Food Market, 169 North Victoria Street.
11. Letter from the Office of the City Attorney announcing date of hearing before an
Administrative Law Judge on August 23, 1994, concerning adverse action against licenses
held by Mr. Khalid Obeidat, dba Quick Pick Grocery, 993 Payne Avenue.
12. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by Avanti
Petroleum, Inc., dba Total Mart #5662, 1529 White Bear Avenue North. (Uncontested)
13. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by Tuan J.
Pham, dba Capital Market, 478 University Avenue West. (Uncontested)
14. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by Dennis
M. Devere, dba Hotline, 175 Fifth Street East. (Uncontested)
15. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by David
Kroona, dba Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested)
16. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by
Superamerica Group Inc., dba Superamerica #4421, 970 University Avenue West.
(Uncontested)
17. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by
Walgreen Drug Company, 734 Grand Avenue. (Uncontested)
July 27, 1994 City Council Summary Minutes Page 3
18. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on August 17, 1994, concerning adverse action against licenses held by
Walgreen Drug Company, 522 Snelling Avenue. (Uncontested)
19. Petition of 2305 Riverford Partnership, Multi-Clean, Inc. and Liquor Village, Inc. for the
vacation of part of the alley in Block 5, St. Catherine Park, bounded by Ford Parkway,
Mississippi River Boulevard, Highland Parkway and Woodlawn Avenue, and setting date of
public hearing for August 24, 1994.
20. Administrative Orders:
D00177 Amending the 1994 budget in the Police Department/General Fund for cost
overruns in microfilming and purchase of printed report forms.
D00178 Amending the 1994 budget in the Police Department/Special Projects Special
Revenue Fund to conect a coding enor.
D00179 Amending the 1994 budget in the Police Department/General Fund - law
enforcement supplies.
D00180 Amending the 1994 budget in Executive Administration/Human Resources -
Training and Organizational Development.
D00181 Authorizing expenditure not to exceed $1,500 for a reception and meeting on the
Jonathan Padelford boat to discuss riverfront activities.
D00182 Addition of $408,480.50 to the contract for lead contamination clean-up at
Metals Reduction Site, 141 West Water Street.
D00183 Authorizing payment of $825 for the Fire Prevention Division to conduct a
workshop on Communication and Team Building.
D00184 Addition of $5,166 to the contract for Phalen Area Handicap Accessibility
Improvements.
D00185 Amending the 1994 budget in the Department of Public Works/Engineering
Fund.
Noted as on file in the City Clerk's Office
21. Resolution Approving Assessment - 94-1051 - In the matter of construction for the
separation of sewers in the Eustis/Franklin Area bounded by University Avenue, Emerald
Street and Highways 94 and 280, and setting date of public hearing for September 14, 1994.
(File # 18720)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
22. Resolution Approving Assessment - 94-1052 - In the matter of construction for street
improvement and lighting in the Eustis/Franklin Area, and setting date of public hearing for
September 14, 1994. (File #18721)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
23. Resolution Approving Assessment - 94-1053 - In the matter of sidewalk reconstruction at
2062 Marshall Avenue on the south side of Marshall Avenue from North Cleveland Avenue
to North Cretin Avenue, and setting date of public hearing for September 21, 1994. (File
#59353)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
July 27, 1994 City Council Summary Minutes Page 4
24. Resolution Approving Assessment - 94-1054 - In the matter of sidewalk reconstruction with
integral curb and filling in of areaway on the south side of Dayton Avenue from
approximately 95 feet east of North Western Avenue to approximately 127 feet east of
North Western Avenue, and setting date of public hearing for September 21, 1994. (File
#59361)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
25. Resolution Approving Assessment - 94-1055 - In the matter of sidewalk reconstruction on
both sides of Canoll Avenue from North Avon Street to Fisk Street, and setting date of
public hearing for September 21, 1994. (File #S9362)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
26. Resolution Approving Assessment - 94-1056 - In the matter of sidewalk reconstruction at
705 Aurora Avenue on the north side of Aurora Avenue from North St. Albans Street to
North Grotto Street, and setting date of public hearing for September 21, 1994. (File
#S9364)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
27. Resolution Approving Assessment - 94-1057 - In the matter of sidewalk reconstruction on
both sides of Wilson Avenue from Kennard Street to Flandrau Street, and setting date of
public hearing for September 21, 1994. (File #59366)
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
28. Resolution - 94-1058 - Approving the appointment, by Mayor Coleman, of Tim Gusk to the
Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (To be laid
over one week for adoption.)
Laid over to August 3, 1994
29. Resolution - 94-1059 - Approving settlement of claim of Patricia Davern against the City of
St. Paul.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
30. Resolution - 94-1060 - Approving Memorandum of Agreement between Independent School
District #625, International Union of Operating Engineers, Local #70, and AFSCME
Council 14.
Adopted in enor - must be laid over to August 3, 1994
31. Resolution - 94-1061 - Approving spending authority to allow the Public Works Lighting
Maintenance Assessment Districts Fund (231) to pay for electricity and maintenance in a
new above standard lighting area, brought on line after the 1994 budget process was
complete.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
32. Resolution - 94-1062 - Affirming the decision of the Heritage Preservation Commission to
grant a building permit application to install vinyl siding on a garage at 721 E. Fourth Street,
and confirming the decision of the City Council to deny the appeal of Tom Dimond.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
July 27, 1994 City Council Summary Minutes Page 5
33. Resolution - 94-1063 - Authorizing the City to enter into a grant agreement with the State of
Minnesota to fund the Phalen Boulevard Environmental Impact Statement.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
34. Resolution - 94-1064 - Authorizing the City to apply for foundation grants for an
Environmental Impact Statement (EIS) for Phalen Boulevard.
Adopted Yeas - 5 Nays - 0(Councilmember Grimm not present for vote)
FOR DISCUSSION
Councilmember Grimm came into the meeting.
2. Claims of Pauline Bialke, Dawn Butenhoff, Barbara Jane Paulson, Heidemarie M.
Riemenschneider, William Staeheli and David Stahley, and Thomas G. Walraven.
Councilmember Harris indicated that Mr. Walraven was �ling a claim for "whatever the
cost" to repair his vehicle. Councilmember Hams wanted clarification of a speci�c dollar
amount before passing. Council Vice President Rettman stated that these issues are
submitted directly to the City Attorney, where they are investigated and acted upon.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
35. Resolution - 94-888 - Accepting State appropriation of $1,250,000 for Children's Museum
and transfening funds to HRA for disbursement. (Laid over from July 13)
Councilmember Megard moved to introduce the substitute.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Councilmember Megard moved approval.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Susnension Item
Resolution - 94-1073 - Delegating to the Housing and Redevelopment Authority of the City
of Saint Paul the duties and obligations of the City under a lease between the City and The
Children's Museum, Inc.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
36. Final Order - 94-1041 - In the matter of sidewalk reconstruction on both sides of East Fifth
Street from North Hazel Street to North Ruth Street. (File #59480) (L,aid over from July
20)
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
37. Final Order - 94-1046 - In the matter of sidewalk reconstruction on the south side of East
Third Street from North Ruth Street to Pedersen Street. (File #59485) (Laid over from
July 20)
Laid over to August 3
July 27, 1994 City Council Summary Minutes Page 6
38. Fina1 Order - 94-1047 - In the matter of condemning and taking a permanent easement for
the construction and future maintenance of storm sewer system near Hazel Street and Iowa
Avenue subject to existing structures under and across the south 10.00 feet of Lot 5 and the
north 10.00 feet of Lot 6, Sundgren Addition. (File # 18742-E) (I.aid over from July 20)
Laid over to August 10
ORDINANCES
39. Final Adoption - 94-967 - An ordinance amending Chapter 86 of the Saint Paul
Administrative Code dealing with the signing of contracts, deeds, bonds and checks.
Councilmember Hanis moved approval.
Adopted Yeas - 6 Nays - 0
40. Final Adoption - 94-968 - An ordinance finalizing City Council approval of a petition of
2305 Riverford Partnership and Multi-Clean, Inc. to rezone property located at 2305 Ford
Parkway and 775 Woodlawn Avenue to RM-2.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
41. First Reading - 94-1065 - An ordinance establishing City residency as a condition of
employment for all City employees hired on an original entry basis after the effective date of
this ordinance. (Originated in City Operations Committee; Committee recommends
approval)
Tim Marx, City Attorney, stated that this would have to go through the ordinance
procedures.
Councilmember Hams indicated that Council Research was doing a study on
implementation of the residency and that it could be presented at the next Council meeting.
Councilmember Grimm wanted clarification on the information to be heard at the City
Operations Committee, and whether the study in progress would be extended.
Councilmember Harris replied that the original direction was to look at the implementation
of residency.
Councilmember Grimm stated that details of this were very important, and suggested that
questions regarding speci�c groups that are being targeted for this should be asked. Gerry
Strathman, Council Research Director, answered a question from Councilmember Grimm
regarding the analysis of applying this to different groups of employees. He stated that they
would focus on the implementation and costs of this program for all employees.
Councilmember Blakey indicated that the residency issue should be looked at for all
employees, not just certain segments.
Councilmember Hanis moved the substitute.
Roll Call Yeas - 6 Nays - 0
Laid over to August 3, 1994 for second reading.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
July 27, 1994 City Councii Summary Minutes Page 7
PUBLIC HEARINGS
42. Resolution - 94-1066 - Approving application for a Recycling Processing Center License by
Glass Aggregate Manufacturing & Engineering (Donald E. Cook, President), 740 West-
minster. (I.D. #31461)
No one appeared in opposition.
Council Vice President Rettman indicated the resolution needed to be amended to add the
word "department". She emphasized that the variance for outdoor storage will expire when
the Phalen Boulevard Project is started.
Councilmember Grimm moved approval of the resolution with the amendment.
Adopted as amended Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
43. Resolution - 94-1067 - Approving application for a Wine On Sale and Malt On Sa1e (3.2)
License by Paguyo Restaurant Group Inc., dba Babylon Cafe (Nelson G. Paguyo, President),
267 West 7th Street. (ID #39955)
No one appeared in opposition.
Councilmember Harris moved to lay over until August 10
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
44. Final Order - 94-1068 - In the matter of operating and maintaining the City-owned "Town
Square" public spaces located within Cedar Street, Seventh Street, Minnesota Street and
Sixth Street. (File # 18113-94)
Bill Buth, BOMA, stated they have signed off on the budget for the loft at an increase from
the previous year of $12,000.00, and that issues are going to have to be addressed by capital
expenditures.
Councilmember Megard suggested that someone from the Parks Department be present at a
future meeting to discuss additional costs.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
45. Resolution - 94-1069 - Authorizing the vacation of part of Lot 14, Partition Plat located east
of Western Avenue, southerly of St. Clair Avenue and north of the easterly extension of
Jefferson Avenue.
No one appeared in opposition.
Councilmember Hams moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
46. Resolution - 94-714 - Ordering the owner(s) to repair or remove structure and wall on south
side of property at 193-197 N. Western Avenue within fifteen (15) days from adoption of
resolution. (Laid over from July 13) (Legislative Hearing Ot'ficer recommends
approval)
Gerry Strathman indicated that the property is owned by Midway Bank who wishes to
demolish the property and the City has issued the demolition order. The property owner
and the City are in agreement; however, there is a third party who sought a court order to
stop the demolition and rehabilitate the building. Midway Bank then challenged the
referee's decision, and has gone before the district court where the referee's initial decision
was upheld.
July 27, 1994 City Council Summary Minutes Page 8
Tim Manc, City Attorney, stated since it has been determined that this property is a
nuisance and should be demolished, that not demolishing it could potentially lead to some
liability should an injury occur.
No one appeared in opposition.
Councilmember Blakey moved the resolution be laid over to August 3.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
47. Resolution - 94-1011 - Ordering the owner(s) to remove or repair building at 811 Case
Avenue within fifteen (15) days from adoption of resolution. (Laid over from July 13)
(Legislative Hearing Ot�Scer recommends apprnval)
Mr. Strathman stated there has been an agreement on demolishing the property; however
the Housing and Redevelopment Authority has an interest in the property. HRA has taken
no action at this time.
No one appeared in opposition.
Councilmember Grimm moved the resolution be laid over until September 28.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
48. Resolution - 94-1012 - Ordering the owner(s) to remove or repair building at 867
Woodbridge Street within fifteen (15) days from adoption of resolution. (Laid over from
July 13) (Legislative Hearing O�cer recommends approval)
No one appeared in opposition.
Councilmember Hanis moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
49. Resolution - 94-1013 - Ordering the owner(s) to remove or repair building at 693 Front
Avenue within fifteen (15) days from adoption of resolution. (Laid over from July 13)
(Le�slative Hearing Officer recommends approval)
No one appeared in opposition.
Council Vice President Rettman stated there is a cottonwood tree that needs to be taken
down along with the house.
Councilmember Guerin moved approval.
Adopted as amended Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
50. Resolution - 94-1070 - Ordering the owner(s) to remove or repair property at 682 Fourth
Street within �fteen (15) days of adoption of resolution. (Legislative Hearing Officer
r�commends amending the resolution from 15 days to 180 days contingent on the filing of
appropriate bonds.)
Chuck Votel, Public Health, responded to Councilmember Guerin's question by indicating
that the new owner has taken out the application for the required permits and anticipates
repairing the building within the allotted 180 days.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
July 27, 1994 City Council Summary Minutes Page 9
51. Resolution - 94-1071 - Ordering the owner(s) to remove or repair property at 246 Rose
Avenue within fifteen (15) days of adoption of resolution. (Legislative Hearing Ot't�cer
recommends apprnval)
Council Vice President Rettman indicated that since this property has been fire damaged
and is in a fragile state, it was recommended that the time period be amended to reflect five
days.
Councilmember Megard moved approval of the amendment.
Adopted as amended Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
52. Resolution - 94-1072 - Ordering the owner(s) to remove or repair property at 666 Wells
Street within fifteen (15) days of adoption of resolution. (Legislative Hearing OfFicer
recommends approval)
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Susgension Items
Resolution - 94-1074 - Approving renewal of State Class B Gambling Premise Permit by
Dead Broke Saddle Club at Pebble's, 880 E. 7th Street (ID #B-03800).
Motion to suspend made by Councilmember Guerin.
Roll Call Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
In response to a question from Councilmember Blakey, Council Vice President Rettman
indicated that 51% of the proceeds must go towards youth activities in the City of Saint Paul
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Resolution - 94-1075 - Approving application for Liquor On Sale (C) License by Ronald J.
Garcia, dba Garcia's Restaurant, at 338 St. Peter Street (ID #37308).
Motion to suspend made by Councilmember Harris.
Roll Ca11 Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Thune not present for vote)
Resolution - 94-1076 - Requesting Senators Wellstone and Durenberger maintain local
government's franchising authority when telephone companies provide cable service.
Motion to suspend made by Councilmember Hams.
Ray Faricy from the Mayor's Office requested that the resolution prepared by
Councilmember Harris and Councilmember Megard be supportive of the Senate bill as it
presently exists which would allow for franchising. He emphasized that it was very
important to keep the franchising business and that the Senate not exceed any amendments
and eliminate fees.
Councilmember Megard stated that cities across the country have income from these
franchising fees and that it is a significant percent of the budget for smaller communities.
Mr. Faricy stated that if this issue is pre-empted, the city will be out of the franchising
business, which is an issue that he is worried about.
Councilmember Blakey indicated that while he is not in favor of the fees, he is supportive of
July 27, 1994 City Council Summary Minutes Page 1 p
the control.
Holly Yerigan, Cable O�ce, differentiated between the types of cable and satellite services.
She indicated that there are other concerns and that people are aware these are national
issues.
Councilmember Harris moved approval.
Adopted Yeas - 4 Nays - 2(Guerin, Rettman - Councilmember Thune not present for
vote)
Councilmember Grimm moved the meeting be adjoumed.
Roll Call Yeas - 6 Nays - 0
ADJ R D T 4:40 P.M
�
avid Th ne, ouncil President
ATTEST:
Minutes approved by Council
Nancy Ander�o
Assistant Council Secretary �,,;�- .�� R 1�